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This entry was published on 2014-09-22
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SECTION 317-D
Amortization of a portion of the bills for participating employers for the two thousand six--two thousand seven fiscal year
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 3
§ 317-d. Amortization of a portion of the bills for participating
employers for the two thousand six--two thousand seven fiscal year. a.
If the comptroller, in his or her discretion, decides to permit
amortization of employer contributions pursuant to this section, then,
on or about October fifteenth, two thousand five, on the basis of the
annual actuarial valuation provided for in this chapter, the comptroller
shall determine the amount (exclusive of payments for group term life
insurance, deficiency payments, adjustments relating to prior fiscal
years' obligations and obligations pertaining to retirement incentives
or any other obligations that a participating employer is permitted to
pay on an amortized basis) of the annual contribution for a
participating employer pursuant to section twenty-three-a of this
article due for the fiscal year ending March thirty-first, two thousand
seven. The amount by which such contribution exceeds ten and one-half
percent of the estimated pensionable salary base for the fiscal year
ending March thirty-first, two thousand seven shall be the "amount
eligible for amortization". An amount up to the "amount eligible for
amortization" may be amortized over a ten-year period at eight percent
interest per annum, with the first of ten equal payments payable on
February first, two thousand eight, provided, however, that on or before
September first, two thousand six, the comptroller, in his or her
discretion, may establish a fixed rate of interest per annum to be
applied to the amounts eligible for amortization of all employers, which
more closely approximates a market rate of return on taxable fixed rate
securities with similar terms issued by comparable issuers.

b. A participating employer, may, in lieu of paying its entire
February first, two thousand seven bill, pay a lesser amount on February
first, two thousand seven which shall be determined by the comptroller
by adding the following three amounts together:

(1) the entire February first, two thousand seven bill, calculated
pursuant to section twenty-three-a of this article (without reference to
this section), less the "amount eligible for amortization" determined
pursuant to subdivision a of this section;

(2) the first annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of section three
hundred seventeen-c of this article, if applicable; and

(3) the second annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of section three
hundred seventeen-b of this article, if applicable.

c. A participating employer making a payment pursuant to subdivision b
of this section shall pay on February first, two thousand eight an
amount determined by the comptroller by adding the following four
amounts together:

(1) the entire February first, two thousand eight bill, calculated
pursuant to section three hundred twenty-three-a of this article
(without reference to this section);

(2) the first annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of this section;

(3) the second annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of section three
hundred seventeen-c of this article, if applicable; and

(4) the third annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of section three
hundred seventeen-b of this article, if applicable.

d. Amortized payments determined pursuant to sections three hundred
seventeen-b, three hundred seventeen-c and pursuant to this section
shall be due and payable on February first of each year during the
applicable amortization period. The comptroller shall have the authority
to permit the pre-payment of the remaining balance of the "amount
eligible for amortization" determined pursuant to both such sections
subject to the following:

(1) on or before November fifteenth, two thousand six in addition to
the amount due for the current year billing and for the payment of the
amortized annual installment determined pursuant to section three
hundred seventeen-b, three hundred seventeen-c and pursuant to this
section, the comptroller shall advise the participating employer of the
total amount due and be authorized to accept pre-payment in full of said
amount by February first, two thousand seven.

(2) on or before each November fifteenth thereafter, in addition to
the amount due for the current year billing and for the payment of the
annual amortized installments, the comptroller shall advise the
participating employer of the total amount still outstanding and be
authorized to accept the pre-payment of any balance remaining to be paid
by February first of the succeeding year.